FIR Registered Against Udhayanidhi Stalin And Priyank Kharge In UP For Hate Speech Against Sanatan Dharma

Update: 2023-09-06 08:00 GMT

An FIR has been registered in Rampur, Uttar Pradesh against DMK leader Udhayanidhi Stalin and Priyank Kharge, the son of Congress president Mallikarjun Kharge for their alleged hate speech against Sanatan Dharma. According to the police, Stalin was booked for his remarks in which he called for eradication of Sanatan Dharma, while Kharge faced charges for supporting Stalin's statement.

The FIR has been registered under Sections 295A (deliberate and malicious acts to outrage religious feelings) and 153A (promoting enmity between different religious groups) of the Indian Penal Code (IPC) at the Civil Lines Police Station. This action was initiated following a complaint filed by Advocates Harsh Gupta and Ram Singh Lodhi, who pointed to media reports highlighting Stalin's statements and claimed that they were offensive and hurt their religious sentiments.

The controversial statement by Udhayanidhi Stalin was made during an event in Tamil Nadu, where he compared Sanatan Dharma to diseases like dengue and malaria and called for its eradication. 

Earlier, over 260 eminent citizens, including former judges and bureaucrats, had written to Chief Justice D Y Chandrachud, urging him to take cognizance of Udhayanidhi Stalin's comments, categorizing them as "hate speech".  

BJP leader Subramanian Swamy yesterday sought sanction to prosecute the Tamil Nadu minister for making hate speeches, from Tamil Nadu Governor R.N. Ravi through a letter which mentioned that Udhaynidhi’s speech and later utterances against Sanatan Dharma were clear hate speech and hence he should be prosecuted under Sections 153 A, 153 B, 295 A, 298 and 505 of the Indian Penal Code.

The letter read, “I write to draw your attention to a recent event where a serving Minister in the Tamil Nadu State Government, Udhayanidhi Stalin, has made a hate speech against those who have faith and belief in the Sanatan Dharma. He, while addressing a press conference, stated: “Just like how dengue, malaria, or coronavirus need to be eradicated, and not just opposed, we have to eradicate Sanatana.” The accused has committed multiple offences under the Indian Penal Code, including the offences under sections 153 A, 153 B, 295 A, 298 and 505 of the Indian Penal Code, 1860.”

He mentioned that the accused's offensive statement has caused widespread fear and insecurity among Sanatan Dharma believers, particularly in Tamil Nadu, where the accused's party is in power. According to him, the statement reached millions and influenced many, creating a traumatizing atmosphere. The letter requested the governor that, “For the filing of the said Complaint your sanction is required under section 196 of the Code of Criminal Procedure 1973.”

Your kind attention is drawn to the decision of Hon'ble the Supreme Court in Subramanian Swamy v Manmohan Singh, (2012) 3 SCC 1, wherein the court has expounded principles governing grant of sanction for prosecution. Therefore, it is requested that you may kindly accord sanction for the prosecution of the Accused who has committed various heinous offences against public tranquility, in the interest of justice, and in exercise of your constitutional prerogative”, requested Subramanian Swamy to the TN Governor.

Various others have also sought legal action against Udhayanidhi Stalin for his remarks, which he has refused to withdraw. 

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